Tulsa |
Code of Ordinances |
Title 36. TAXICABS, PARATRANSIT VEHICLES AND UTILITY VEHICLES FOR HIRE REGULATIONS |
Chapter 1. TAXICAB, PARATRANSIT VEHICLE AND UTILITY VEHICLE FOR HIRE REGULATIONS |
§ 145. Horse-drawn carriages.
A.
Definitions.
1.
Carriage shall mean any conveyance which is pulled by one (1) or more horses.
2.
Downtown shall mean that area bounded by Archer, Houston, Elgin and Eleventh Streets.
3.
Horse shall mean any horse, donkey, mule or other equine.
4.
Veterinarian shall mean a practitioner of animal medicine, licensed by the state of Oklahoma, who specializes in either equine or large animal medicine.
5.
Rest break shall mean a minimum period of ten (10) minutes free from work.
6.
Rest period shall mean a minimum period of thirty (30) minutes free from work.
B.
Health and welfare of horse. In addition to all other applicable requirements of this chapter, a holder or chauffeur operating a horse-drawn carriage shall comply with the requirements given herein with respect to the well-being of the horse.
1.
Equine health standards.
a.
Before any horse is brought into service, the holder shall have it examined by a veterinarian who shall certify in writing that the animal is suited for the intended use.
b.
The veterinarian's certification shall identify each horse by name, color, breed, sex, age and weight. The certification shall include any restriction or standards which the veterinarian determines to be necessary for the horse's well-being. Such restrictions or standards shall take into account temperature limits, carriage load limits, terrain, work time limits, rest breaks and periods, shoeing requirements, and breed, weight and animal age limit established in this section.
c.
Any horse intended to be brought into service shall be on a preventative medicine program which shall include an annual Coggins test; a schedule for deworming every two (2) months; an annual dental examination; and a routine vaccination program, including immunization for sleeping sickness, tetanus, influenza and rhinopneumonitis. The veterinarian shall certify that a preventative medicine program is currently being performed.
d.
Each horse used by the holder shall be reexamined at least once every ninety (90) days by a veterinarian who shall certify in writing to the Director that the horse remains suited for the intended use. The recertification shall state whether or not the preventative medicine program is still current, and whether or not any restrictions or standards established for the horse have been changed.
e.
The holder shall furnish a copy of all such certifications and recertifications to the Director within five (5) days of the examination or re-examination.
f.
The holder shall not place into service any horse that is under the influence of tranquilizing medicine.
2.
Work limits.
a.
No horse shall be placed into service for more than eight (8) hours per day. A rest break shall be given to each horse for every fifty (50) minute work period. A rest period shall be given to each horse for every two (2) consecutive fifty (50) minute work periods.
b.
From April 1 through October 31, inclusive, rest periods shall be in an area shaded from the sun, and the harness shall be removed after appropriately securing the horse.
c.
A horse which has been in service for four (4) or more hours each day for two (2) consecutive days shall be rested the following day, and shall not be worked at any other location on its day of rest.
3.
Temperature limits.
a.
No horse-drawn carriage shall be operated when the horse's respiratory rate equals or exceeds the horse's heart rate, regardless of conditions of climate.
b.
No horse-drawn carriage shall be operated when the wind chill index, as reported by the National Weather Service, is below zero degrees (0°) Fahrenheit. When the wind chill index is below twenty degrees (20°) Fahrenheit, the horse shall be blanketed during rest periods.
4.
Shoeing requirements.
a.
Any horse used on concrete, asphalt or similar street surfaces shall be shod with metal shoes. If borium beads are used, six (6) or more small beads shall be evenly distributed in such a way that the shoe will be level between the hoof and street surface. A good quality, shock-absorbent material shall be used between the horse's hooves and the shoes.
b.
Shoes shall be refitted every three (3) weeks when used on hard street surfaces and every six (6) weeks when used on dirt surfaces. If a horse is used on both street and dirt surfaces in relatively equal amounts of time, then the refitting schedule shall be every four and one-half (4½) weeks. Any shoe lost during the work period shall be replaced before the horse is brought back into service. The use of heel and toe caulks shall be restricted to operation on dirt surfaces only.
c.
The horse's hooves shall be trimmed as needed at the scheduled times for shoe refitting. Hooves shall be examined by a certified farrier and a report of the examination shall be submitted in writing to the Director every six (6) months while the horse is in service.
5.
Carriage load limits. Load limits shall be not more than six (6) persons, including the chauffeur, per horse. There shall be no exceptions to the load limit provided herein.
6.
Terrain limits. Carriages shall not be placed into service when city streets are covered by ice or snow, nor shall they be placed into service over extremely rough or hilly terrain.
7.
Age and physical limitations.
a.
All horses used in a horse-drawn carriage service shall be at least three (3) years old and not more than twenty (20) years old.
b.
All horses used in a horse-drawn carriage service shall weigh at least one hundred seventy-five (175) pounds per adult person hauled. Whenever teams are used, the same ratio shall prevail.
8.
Feeding and watering schedule.
a.
The holder shall have his feeding and watering schedule reviewed and approved by the veterinarian. The horse shall not be overfed on rest days.
b.
The chauffeur shall not allow the horse to be fed anything other than hay during a rest period. No feeding shall occur during a rest break.
c.
Cool, potable water shall be made available and offered to the horse during each rest break and each rest period. Watering facilities shall be made available at both the point of departure and the point of arrival.
9.
Miscellaneous regulations.
a.
Stabling facilities shall be clean, safe and well maintained.
b.
A horse shall not be trotted in the downtown area.
c.
The holder and chauffeur shall be responsible for the safety and welfare of both the horse and the passengers at all times when the horse-drawn carriage is in service.
d.
Except in conditions of freezing rain or snow, horses when rested for a day shall not be confined to a stall.
e.
The horse shall be kept clean and well groomed.
f.
Head check-reins shall not be used.
g.
The holder shall ensure that the chauffeur properly drives, handles and cares for the horse while it is in service.
h.
No horse shall be placed into service when it shows signs of lameness or other health problems, or when it has cinch or harness sores.
C.
Carriage requirements. In addition to all other requirements of this section, a holder or chauffeur operating a horse-drawn carriage shall comply with the operating requirements given herein.
1.
Carriage identification. The holder shall identify each carriage with the initials of the holder's name followed by a dash and a number assigned by the Director of such size and color as the Director shall designate.
2.
Daily log. The chauffeur of each horse-drawn carriage shall maintain a daily log with entries for each carriage, identifying the carriage, the horses being driven, the periods of work and rest, the number of passengers carried and the route taken. The chauffeur shall log each entry concurrently with each event. Logs shall be kept in chronological order, maintained at holder's business for a period of one (1) year and presented to the Director upon request.
3.
Operate after dark. Each horse-drawn carriage operated after dusk shall be equipped with two (2) white or amber front lights which are visible at least seventy-five (75) feet from the front of the carriage and with two (2) red rear lights which are visible at least five hundred (500) feet from the rear of the carriage.
4.
Animal waste control. The holder shall provide for and hold the chauffeur responsible for the dilution and neutralization of urine, and for removal of fecal matter from city streets. The horse shall be properly diapered to prevent such occurrences when carriage is operated on city streets.
5.
Slow-moving vehicle designation. Each horse-drawn carriage shall have mounted a triangular "slow-moving vehicle" reflector on the rear of the carriage, the size and design of which shall be approved by the Director.
6.
Braking apparatus. Each horse-drawn carriage, depending upon its size, may be required by the Director to be equipped with a suitable and efficient manually-operated braking mechanism designed for such carriage.
7.
Safety measures.
a.
The harness attachment to the horse and to the carriage must have safety devices to ensure that the horse cannot break away from its harness or the carriage. The chauffeur shall inspect the harness each day prior to placing the carriage into service.
b.
The holder shall ensure that the carriage's wheels, suspension, pivoting axle, shaves and tongue/harness trees are all secured to the carriage properly and shall take precautions to prevent the accidental loosening of such appliances. The chauffeur shall inspect the carriage each day prior to placing it into service.
8.
Posting load limit. The holder shall display in or on the horse-drawn carriage, in plain view of the passengers, a sign clearly specifying the maximum passenger capacity of the carriage.
9.
The holder shall be responsible for the chauffeur's compliance with the requirements of this Subsection C.
D.
Chauffeur skill demonstration. The chauffeur shall demonstrate and exhibit to the Director his ability to properly and skillfully drive, handle and care for the horses pulling the carriage.
E.
Rates of fare. Fares shall be at a fixed rate per trip, per hour or other specified time period, and shall be posted in a conspicuous location which can be easily seen by the prospective passengers.
F.
Time limits.
1.
Horse-drawn carriage services in the downtown area shall not be operated prior to 6:00 p.m. except on Saturdays, Sundays and on any day of the week which is a nationally observed holiday.
2.
Horse-drawn carriage services may also be operated prior to 6:00 p.m. during any annual or special event sponsored by Downtown Tulsa Unlimited; provided however, that such operation shall not be permitted between the hours of 7:00 and 9:00 a.m. and between the hours of 4:00 and 6:00 p.m., whenever such event falls on a weekday.
G.
Traffic regulations. The holder shall ensure that the chauffeur operates the horse-drawn carriage according to the Traffic Code of the City of Tulsa.
H.
Approval of routes and stops.
1.
The holder must have fixed routes as approved by the Director of Public Works and shall not operate during peak traffic periods as specified by the Director of Public Works.
2.
A chauffeur may pick up and discharge passengers only at specified locations on a specified route as approved by the Director of Public Works.
3.
If the carriage service operates in a City park, the routes, stops and speed of travel must be approved by the Director of the Parks and Recreation Department or his designated representative.
I.
Miscellaneous.
1.
The Director shall have the right to require the holder or any chauffeur of a horse-drawn carriage to remove from service any horse which is ill, overtired, undernourished, overloaded, injured or lame.
2.
No person shall harass or startle, or attempt to harass or to startle, any horse which is pulling a carriage or is at rest, nor shall any person treat a horse inhumanely when it is in service or at rest.
( Ord. No. 23483, § 1, 4-28-2016 )